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The Relation Between Early Adolescent Physical Activity And Internalizing Problems: Variations In Exercise Motivations As A Critical Moderator, Stephen Taylor

Theses and Dissertations

Although research suggests there is a bidirectional relation between Physical Activity (PA) and internalizing symptomology, there are inconsistencies in the literature regarding this relation for early adolescents and little research exists that investigates potential moderators that may account for these discrepancies in underserved (i.e. low SES and minority status) populations. The current study was the first to utilize a Self-Determination Theory (SDT) framework to investigate the main effects five key motivations to exercise and their moderating effects between PA and internalizing problems in an underserved sample of early adolescents (N = 167; M age = 12.19 years; 58.1% female and …

The Effect Of Neighborhood Characteristics And Acculturation On Vegetable Intake Among U.S. Hispanics, Anna Victoria Mesa

Theses and Dissertations

The growing prevalence of chronic disease among the U.S. Hispanic population has drawn increasing attention to modifiable behaviors such as diet in an effort to curb the burden of disease among this population. While factors affecting dietary intake among U.S. Hispanics have been largely studied, this study broadens the scope of existing analyses from examining the role of individual-level factors, including acculturation, to also include environmental factors such as neighborhood ethnic composition. Multilevel mixed modeling was employed to test the interaction of individual acculturation with neighborhood ethnic composition to predict vegetable intake among a sample of U.S. Hispanics. Individuals who …

The Imagination In Reason: Reframing The Systematic Core Of Idealism In Kant And Hegel, Gerad Gentry

Theses and Dissertations

In this dissertation, I argue that the point of transition between Kant and the Idealists is most aptly identified and comprehended when we bring into view a careful understanding of Kant’s principle of the free lawfulness of the Imagination. I argue that for Hegel, it was this principle that constituted Kant’s “greatest service to philosophy.” I contend that we are right to agree with Hegel that this principle is fundamental to Kant’s critical Idealism and is an important theoretical principle in its own right. More than this, though, Hegel adopts, modifies, and expands this notion and thereby turns it into …

The Impact Of Classroom Management On New Teachers At A Newly Opened Elementary School, Larry Peaden Jones

Theses and Dissertations

This dissertation in practice outlines an action research project that was designed in order to solve the research question of: What is the impact of Capturing Kids’ Hearts on improving the classroom management of beginning teachers and district new-hires in a new elementary school setting? This question was proposed on the idea that classroom management is something that many teachers will face as a challenge; especially beginning teachers. The Capturing Kids’ Hearts program was also determined to be beneficial as it contains attributes that would allow any teacher to obtain some useful information from the information. This action research project …

Blended Learning And Its Effect On Student Achievement: An Action Research Study, Christopher Michael Turpin

Theses and Dissertations

This action research study seeks to determine the effects of blended learning on student achievement in a social studies classroom. The research focus is centered on the idea that students are not reaching their full potential on assessments, and a question about how to most effectively assist them in realizing their potential through a new teaching method. This action research study follows Mertler’s (2014) action research framework to find an answer to the research question. The participants of this study were a group of 10th grade students enrolled in an Honors World History course. Students were taught using a blended …

Bankruptcy Schedules Will Not Be Treated As Judicial Admissions In Court, Charles Akinboyewa Jr.

Bankruptcy Research Library

(Exceprt)

When an individual debtor files for bankruptcy, it must file bankruptcy schedules listing, among other things, the creditors that hold claims against the individual. The information contained on the schedules may have ramifications on the debtor and its creditors. Specifically, often debtors unknowingly fail to list certain claims, which may affect the debtor’s right to discharge a creditor’s right to a recovery. Part I of this memo discusses bankruptcy schedules and claim dischargeability. Part II illustrates the distinction between judicial and evidentiary admissions. Part III explores cases that have held bankruptcy schedules to be admissions and others that have …

Bankruptcy Tourism: How A Comi Change Can Serve As Ammunition In Debt Wars, Taylor Anderson

Bankruptcy Research Library

(Excerpt)

In general, Chapter 15 of title 11 of the United States Code (the “Bankruptcy Code”) provides a mechanism to recognize a “foreign proceeding.” Upon recognition of a foreign proceeding, the foreign representative will be allowed to sue and be sued in the United States. However, Chapter 15 distinguishes between “foreign main proceedings” and “foreign nonmain proceedings.” Upon recognition of a “foreign main proceeding” section 1520 of the Bankruptcy Code provides for certain automatic relief, including an automatic stay of proceedings against the debtor in the United States. There is no automatic relief conferred upon recognition of a foreign nonmain …

A Chapter 7 Trustee’S Qualified Right Of Immunity May Be No Shield For Intentional, Negligent, Or Grossly Negligent Conduct: Analyzing And Applying The Three-Way Circuit Split, Nataniel E. Arabov

Bankruptcy Research Library

(Excerpt)

Quasi-judicial immunity is best understood as a blessing and a curse. A bankruptcy trustee is appointed to act as trustee through an order of the bankruptcy court. In Antoine v. Byers & Anderson, the Supreme Court provided a two-part test to analyze how far judicial immunity extends to persons who perform quasi-judicial functions in connection with their appointment. This test explains whether a judicial appointee is absolutely immune from personal liability to the estate or others. Under the test, a court (1) must decide whether the functions of the individual were historically adjudicative in nature, and (2) must …

Balancing Principles Of Cooperation And Public Policy In Applying Comity, Kristen Barone

Bankruptcy Research Library

(Excerpt)

Comity is a common law legal principle that allows U.S. courts to afford deference to foreign judgments. Comity is utilized as a basis for granting extraterritorial effect to judgments of foreign courts. This principle plays an integral role in a number of cross-border bankruptcy proceedings and has been adopted as a predominate legal principal in the Model Law on Cross-Border Insolvency (the “Model Law”), promulgated by the United Nation’s Commission on International Trade, and Chapter 15 of title 11 of the United States Code (the “Bankruptcy Code”).

Although American courts have long recognized the need to extend comity to …

Bankruptcy Court Jurisdiction: Are Libel And Slander Personal Injury Torts?, Joseph Collini

Bankruptcy Research Library

(Excerpt)

A bankruptcy court may adjudicate tort claims, including libel and slander against a debtor, if it concludes that it has jurisdiction over those claims. The statutes governing a bankruptcy court’s jurisdiction, including title 11 of the United States Code (“The Bankruptcy Code”) and title 28 of the United States Code, are ambiguous. Consequently, the bankruptcy courts are divided as to their jurisdiction over libel and slander claims.

At the heart of this issue is the personal injury tort exception under 28 U.S.C.A. §157(b). The exception specifically limits the jurisdiction of the bankruptcy courts and states that personal injury torts …

Stop Right There! Assessing The Role Of Collateral Estoppel In A Fraud Proceeding Against A Debtor And A Debtor-Owned Business, Brandon Dorman

Bankruptcy Research Library

(Excerpt)

In an adversary proceeding, under section 523(a)(2)(A) of title 11 of the United States Code (the “Bankruptcy Code”), to determine the non-dischargeability of a debt based upon fraud, a state courts finding of fraud against a debtor-owned business may collaterally estop the debtor in the adversary proceeding from relitigating the issue of fraud. Essential to this issue is the timing at which the debtor filed for bankruptcy. Timing is critical in determining whether the prior decision against the debtor-owned business in the state court action collaterally estopped the litigation against the debtor or whether the debtor was afforded the …

Under What Circumstances Can A Bankruptcy Court Grant Innocent Spouse Relief To A Debtor?, Noreen Gilroy

Bankruptcy Research Library

(Excerpt)

The United States tax system allows married couples to file joint tax returns. For those married couples that jointly file, there is joint and severable liability for the taxes due on those returns. Because spouses who file joint tax returns are held both jointly and severally liable for those joint returns, the drafters of the Tax Code created an exemption from liability for innocent spouses in Section 6015 of the Tax Code. Section 6015(e) of the Tax Code expressly grants subject matter jurisdiction to the Tax Courts to review determinations of innocent spouse relief. However, the language of Section …

Successful Motions For Reconsideration Require Extraordinary Circumstances, Maria A. Gomez

Bankruptcy Research Library

(Excerpt)

Motions for reconsideration are not recognized under the Federal Rules of Civil Procedure (the “Rule(s)”) or the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rule(s)”). A party seeking reconsideration of an order in the bankruptcy courts can file either: (1) a motion to alter or amend a judgment under Bankruptcy Rule 9023, if the order is interlocutory; or (2) a motion for relief from judgment under Bankruptcy Rule 9024, if the order is a final one. The applicable rules to motions for reconsideration are different depending on whether the motion is for an interlocutory or final order. There are …

Circumstances In Which A Fee Is An Excise Tax Entitled To Priority, Valerie Hammel

Bankruptcy Research Library

(Excerpt)

Title 11 of the United States Code (the “Bankruptcy Code”) enumerates several categories in which claims are entitled to receive priority. Indeed, Section 507(a)(8)(E) grants governmental units priority on obligations that are “excise tax[es] on a transaction.” The Bankruptcy Code, however, does not define the universe of circumstances necessary to fall within the excise tax priority category. Governmental units therefore spend considerable efforts litigating to ensure that their claims are granted priority under the Bankruptcy Code. Ultimately, the success of a claim will hinge on how narrowly or broadly a court interprets Section 507(a)(8)(E). Part I of this memorandum …

Uncertainty In The Gap Period: The Dangers Of Doing Business With An Alleged Debtor, Daniel Ishoo

Bankruptcy Research Library

(Excerpt)

Section 303 of the Bankruptcy Code allows creditors to initiate an involuntary case against a debtor by filing a petition with the court. Although the provisions applied to an involuntary case and a voluntary case are largely the same, one major difference surfaces in an involuntary case—the existence of what is commonly referred to as the “gap period.” The gap period is the period between the filing of an involuntary petition and a Judge’s entry of an order for relief.

Pursuant to § 303(f) of the Bankruptcy Code, the debtor may continue to operate during the gap period as …

Conflicts Counsel Is Not A Cure All; It Does Not Overcome An Actual Conflict Of Interest, Stephanie Kenn

Bankruptcy Research Library

(Excerpt)

The Sixth Amendment of the Constitution guarantees the right to assistance of counsel. With this right comes many nuances, including the right of an individual to obtain counsel of his or her choice in civil matters if they choose to engage in such matters. The lawyer-client relationship is a fiduciary one and it carries many responsibilities on the attorney’s part. For example, a lawyer must provide “undivided loyalty” to his or her clients. This means that a lawyer must be aware of any conflicts of interest that may arise in the ordinary course of business. Lawyers must take the …

Adversary Proceeding Not Required For Bankruptcy Courts To Determine Lien Status, Justin Korenblatt

Bankruptcy Research Library

(Excerpt)

In Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC, the Fourth Circuit denied Wells Fargo’s motion to set aside an order canceling its mortgage because the motion was not timely. In 2002, Wells Fargo extended a mortgage to the debtors on a property in Pendleton, North Carolina. Two years later, debtors refinanced the property with PNC Bank. Although PNC fully repaid Wells Fargo’s loan, Wells Fargo allowed the debtors’ line of credit to remain open, and permitted the debtors to take advances totaling over $300,000. Then, in 2012, debtors filed voluntary petitions for relief under chapter …

Application Of The Federal Rule Of Bankruptcy Procedure Rule 2004 Balancing Test, Patrick O’Connor

Bankruptcy Research Library

(Excerpt)

Federal Rule of Bankruptcy Procedure 2004 (“Rule 2004”) provides that “[o]n motion of any party in interest, the court may order the examination of any entity.” By its terms, the rule is broad. It is only marginally narrowed by Rule 2004(b) to require that examinations “relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor's estate, or to the debtor's right to a discharge.” Given that Rule 2004 is broadly available in bankruptcy cases to “any party in interest” …

The Insolvency Effect On Attorney-Client Privilege, Anna Piszczatowski

Bankruptcy Research Library

(Excerpt)

“The attorney-client privilege is the oldest of the privileges for confidential communications known to the common law.” This privilege has been held as sacred and essential to encourage complete and candid communication between attorneys and their clients. In fact, if the attorney’s “professional mission” is to be carried out appropriately to the fullest extent, then the attorney must be able to acquire all the information necessary to represent his client. Therefore, the privilege allows unfettered communication, for the benefit of both parties.

By carving more exceptions to the privilege, as bankruptcy courts, and even the Supreme Court, have in …

Although A Presumption Against Extraterritoriality Generally Precludes A Foreign Plaintiff From Recovering A Debtor’S Assets In A Civil Rico Claim, That Presumption Can Be Overcome To Hold A Foreign Defendant Liable For A Preference Claim, Amanda M. Schaefer

Bankruptcy Research Library

(Excerpt)

The civil portion of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) permits any individual “injured in his business or property by reason of a violation of the statute’s criminal provisions” to pursue a cause of action against a tort feasor. For a party to pursue a civil remedy for economic injury under the civil portion of the statute, its criminal portion must first be violated through illegal activity, such as numerous acts of mail and wire fraud. In RJR Nabisco, Inc. v. European Community (“RJR Nabisco”), the Supreme Court held that RICO’s private right of action under …

Fraudulent Transfer Provision Of The Bankruptcy Code Defined More Narrowly Than Similar Provisions In Other Statutes, Yaakov Seff

Bankruptcy Research Library

(Excerpt)

The fraudulent conveyance provision of the Bankruptcy Code, (“the Code”), Section 548, is an “elemental and ancient provision of debtor-creditor relations.” It provides that “[t]he trustee may avoid any transfer ... of an interest of the debtor in property ... that was made ... within two years before the date of the filing of the petition . . .” where the transfer involved actual or constructive fraud.

But the ability to avoid fraudulent transfers is not limited to the bankruptcy context; parallel provisions are found in several areas of the federal legislation. For instance, there is a fraudulent transfer …

More Than Fraud: Proving Fraud On The Court, Stephen Van Doran

Bankruptcy Research Library

(Excerpt)

In all adversarial proceedings, litigants have a duty of full disclosure and honesty with the court. Typically, where a party obtains a judgment through fraudulent conduct, the only way to overturn that judgment is through a motion to vacate pursuant to Federal Rule of Civil Procedure 60(b)(3).

A final judgment can also be overturned by a motion, pursuant to Federal Rule of Civil Procedure 60(d)(3), as incorporated into the Bankruptcy Rules by Rule 9024, to vacate a judgment based upon fraud on the court. Fraud on the court is generally limited to instances where “the integrity of the judicial …

Mechanistic Study Of P23-Mediated Aryl Hydrocarbon Receptor Expression, Beverly Pappas

University of the Pacific Theses and Dissertations

The aryl hydrocarbon receptor (AHR) is a ligand-activated signaling molecule which is involved in diverse biological functions ranging from cancer metastasis to immune regulation. This receptor forms a cytoplasmic complex with Hsp90, p23, and XAP2. We have previously reported that down-regulation of p23 triggers degradation of the AHR protein, uncovering a potentially dynamic event which controls the cellular AHR levels without ligand treatment. Here we investigate the underlying mechanisms for this p23 effect using wild-type HeLa and the p23 knockdown HeLa cells. Reduction of the Hsp90 and XAP2 contents, however, did not affect the AHR protein levels, implying that this …

Simple Goodness And Ethical Theory, Sarah Marie Babbitt

Dissertations

This work is an examination of the concept of simple goodness and its role in ethicaltheory. I argue on pragmatic and epistemic grounds that simple goodness (SG), commonly referred to as "good simpliciter," is problematic for ethical theory and for ethical discourse generally. I begin by defining SG, focusing on the original account developed by G.E. Moore, and I argue that it is an intrinsic value in several senses. I review the arguments of prominent critics of SG, namely Peter Geach, Judith Jarvis Thomson, and Richard Kraut, who focus on the logical and metaphysical puzzles inherent to the concept of …

Getting On The Same Page: A Grounded Theory Study Of Nurse And Physician Collaborative Practice Development, Julie Cerese

Dissertations

The movement toward an integrated approach to healthcare professionals' education, interprofessional education (IPE), has been advancing over the past 60 years in the United Kingdom, Canada, and more recently in the United States. Support for IPE as a mechanism to positively impact collaborative practice and patient outcomes comes from international and national healthcare and educational leadership agencies as well as professional medicine and nursing thought leaders. Theories have evolved to explain the linkages among IPE, collaborative practice, and positive patient outcomes. Researchers have found support for the short term positive impact of IPE on attitudes, perceptions, clarity about roles and …

Hic Rhodus, Hic Salta! Three Conceptions Of The Modern Inequality Paradox, Nicoletta Christina Montaner

Dissertations

The modern epoch is characterized by a paradoxical form of social inequality in which poverty expands alongside the unprecedented growth in socially-produced wealth. Any one conception of this dynamic stakes a claim within the classical liberal problematic, in which the central political challenge is the negotiation of individual interests with those of the social whole. Part one of this work analyzes three influential conceptions of the inequality paradox in the history of social thought, those of G.W.F. Hegel, Karl Marx, and John Maynard Keynes, each encompassing a perspective on the nation-state and its relationship to the institutions of economic intercourse. …

Administrator Support Of Social-Emotional And Academic Needs Of Students At A Selective Enrollment High School, Therese Elizabeth Plunkett

Dissertations

As an administrator at a selective enrollment high school in an urban district, I experienced firsthand the lack of differentiation for students experiencing social-emotional learning (SEL) issues, which in turn affects academic learning. This self-study examines what strategies and interventions assist administrators in targeting the social-emotional and academic needs of students. School leadership is obligated to facilitate increasing and implementing supports that address the SEL and diverse-learning needs of all students. One way in which leadership can promote addressing differentiated learning is through ensuring Multi-Tiered Systems of Support (MTSS) are implemented with fidelity. MTSS formerly known as response to intervention …

The Impact Of Mood On Health Behaviors And Quality Of Life For Women With Cardiovascular Disease, Jacqueline Ann Tulley

Dissertations

Methods/Measurements: A cross-sectional correlational design explored the relationships between symptoms, functional status, health perceptions and QoL in women with CVD. The aims of the study were: 1) to determine the relationship of symptoms (depression/anxiety) to functional status (health-promoting behaviors), health perceptions (illness perception), and QoL; and 2) to determine whether age is a factor contributing to negative mood symptoms, functional status, health perceptions, and QoL after controlling for social support. Measurements were collected at one time-point to address these aims that included the following: biological function (Framingham Recurrent Risk Model and Functional Comorbidity Index), symptoms (Patient Health Questionnaire-8 and Generalized …

Political Essentialism And Affective Polarization, Chase Wilson

Dissertations

Affective polarization, the phenomenon of liberals and conservatives treating each other as disliked outgroups, is increasingly intense (Iyengar & Westwood, 2015; Pew, 2016). In the present research, I used the construct of psychological essentialism (Medin & Ortony, 1989) to help understand this intergroup phenomenon. Specifically, I measured political essentialism, or the belief that political ideologies are strongly determined, informative, discrete and/or immutable, and tested the relationship between these beliefs and affective polarization. I approached this question with both correlational and experimental methods. In a correlational study, political essentialism overall is found to covary positively with affective polarization and social avoidance …

Mechanisms And Consequences Of Epigenetic Inheritance Following Parental Preconception Alcohol Exposure, Annadorothea Asimes

Dissertations

Recent advances in genomics research have revealed that preconception behaviors and experiences of mothers and fathers, including diet, environmental toxicants, and drug abuse, can impact future offspring through epigenetic mechanisms. This means that the risky behaviors of young people, such as the extremely popular practice of binge drinking, have potentially far-reaching consequences for generations to come. While there has been considerable research into fetal alcohol exposure and parental alcoholism, there has yet to be sufficient investigation into the mechanism of epigenetic inheritance or the functional consequences of parental preconception binge pattern alcohol abuse. The hypothesis tested herein is that parental …